All-media 'junk' ad rules expected

The health minister, Caroline Flint, has made a thinly veiled threat of possible legislative action if Ofcom's junk food TV ad rules are not readily applied to non-broadcast media such as magazines and newspapers.

With Ofcom's final statement today on restrictions relating to TV junk food advertising to children, the spotlight will now shift to non-broadcast media advertising.

The extension of restrictions on advertising content to non-broadcast media - such as magazines, newspapers, the internet, billboards and cinema - is handled by the Committee for Advertising Practice, the industry's self-regulatory body.

"We now look to the Committee of Advertising Practice to put in place similar rules for other media such as cinema, magazines and the internet," said Ms Flint in a statement.

CAP members said in July last year that, in principle, it would extend the content restrictions to non-broadcast media, covering areas such as use of celebrities, licensed characters and youth-targeted catchphrases and animation in the advertising of junk food targeting under-12s.

However, this was before Ofcom's decision to use the controversial "traffic light" nutrient profiling system.

The model was developed by the Food Standards Agency to determine which foods were high in fat, salt and sugar and should be subject to restrictions.

The Department of Health wants the system translated to non-broadcast media, but the vast majority of CAP members do not.

"We will be monitoring closely the impact of Ofcom's measures in order to see whether there is going to be a real change in the nature and balance of food promotion," added Ms Flint.

"An interim review will be conducted in 2007, and we will work on a more detailed review of all media in 2008. On that basis, the government will decide whether or not future action is required."

The governmental threat, which has been made before, is clear. Legislation looms if all parties don't toe the line and the ramifications are significant.

The idea that the government could step in with primary or statutory legislation - even solely regarding advertising restrictions - raises potential wider questions over control over non-broadcast media in general.

One CAP member has said that if it came to legislation being introduced then "CAP would crumble".

Outwardly, of course, CAP members are committed to a translation of ad rules.

"The advertising industry remains committed to reviewing the non-broadcast advertising content code," said Baroness Peta Buscombe, the new chief executive of the Advertising Association - a CAP member.

"There are discussions still to be had but the intention is to keep these as close as possible to the broadcast TV code."

Yet one senior media industry executive observed that the "the non-broadcast advertising situation looks to be where Ofcom was three years ago with TV", implying chasm-like divisions.

"We are concerned that the regulations continue to be based on a scientifically flawed nutrient profiling model that has rightly come under fire from the media, MPs and nutritionists," said Melanie Leech, the director general of the Food and Drink Federation.

While the FDF is not a member of CAP, many of its members are through other bodies such as the Incorporated Society of British Advertisers.

Earlier this week, a CAP member raised the idea that a serious possibility - although yet to be agreed by members as an official position - is to ignore nutrient profiling and apply restrictions to all food and drink products, with an exemption category for the likes of fruit and vegetables.

The DoH is keen to let it be known today in no uncertain terms that it will not stand for this.

The pressure has now moved from Ofcom, at least until a review of its proposals in Autumn 2008.

However health campaigners have not given up their bid to push for more draconian restrictions in regards to TV and are playing the long lobby game directly to government.

"The responsibility to protect children from junk food advertising now rests with the Government [and our] campaign for a 9pm watershed ban will continue with the 'advertising on television of food bill' Baroness Thornton has introduced into parliament, which is supported by over 150 MPs," said Richard Watts, coordinator of the Children's Food Campaign.

"Given Gordon Brown's support for a voluntary 9pm watershed, we remain confident that children will soon receive the protection from junk food adverts they deserve."

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